An article co-written by Russell I. Marnell and Scott R. Schwartz was published in the January 2012 issue of the New York Law Journal. The article concerned whether the 6-year statute of limitations on pursuing a breach of contact applies to divorce agreements.
http://www.marnelllaw.com/downloads/new-york-law-journal-jan-2012.pdf
Governor David Patterson recently signed a new law permitting unmarried partners, including gay couples, to adopt children together. The law simplifies the former process whereby each parent would have to adopt the child separately, which was a lengthy and costly proposition. The law also ensures that children get support, insurance and benefits from both parents.
Under the new law, in addition to the previously-mentioned fault grounds, parties will be able to obtain a divorce if one of the spouses testifies under oath that the marriage has been irretrievably broken for a period of at least six months. However, all of the remaining issues in the divorce, including but not limited to custody, child support, property distribution, health insurance and maintenance must be decided prior to the marriage being terminated.
The bill also includes provisions relating to maintenance reform and counsel fees.
The Nassau Lawyer published an article entitled “Heather Still Has Two Mommies” co-written by Russell I. Marnell and Scott R. Schwartz. The article concerns a recent case in which the New York State Court of Appeals indicated that former same-sex partners can be “parents” of their former partner’s children, despite a lack of biologic or adoptive relationship.
Russell I. Marnell will be speaking at a seminar at the Long Island Marriott in Uniondale on Friday, September 24, 2010 on many Family Law matters. The seminar is geared toward attorneys and paralegals. More information can be found here: http://divorceattorneylongisland.dtopinc.com/wp-admin/post-new.php
June 17 2010 – Russell Marnell was interviewed on News 12 Long Island regarding New York State’s proposed no-fault divorce bill.
In a recent case, The New York State Court of Appeals ruled that a child support Order issued in another state cannot be modified in New York.
A couple in Connecticut obtained a judgment of divorce that included provisions for the support of the couples’ three children. In Connecticut the age of majority is 18, i.e. child support would end for a child at the age of 18. Subsequent to the divorce, the mother moved to New York with the three children. When her oldest child turned 18 and child support ended, she petitioned the New York court for a new order of support and was awarded additional child support by a lower court.
The Court of Appeals reversed the decision, determining that not only had the Order issued in Connecticut been fulfilled and therefore could not be modified, but also that the New York courts had no jurisdiction in the matter.
